How strict is your law when it comes to having an insured execute forms when applying for auto insurance coverage?
Attached is a copy of the opinion from the Superior Court yesterday (2/6/12) in Jones v. Unitrin dealing with a rejection of underinsured motorist (UIM) coverage. The insured allegedly rejected coverage but the form did not “specifically” comply with Section 1731 of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL).
Despite the mandates of the Pennsylvania statute, the form used by Unitrin was not the same as provided by law. The Superior Court opinion holds that the addition of the sentence “By rejecting this coverage, I am also signing the waiver on P. 13 rejecting stacked limits of underinsured motorist coverage.” invalidated the form and the trial court decision to uphold the form is reversed.
If you are in a car wreck and accident in Harrisburg, Central Pennsylvania, the Commonwealth, or covered by a Pennsylvania auto policy at the time of an accident which results in bodily injuries and are covered by a Pennsylvania insurance policy this opinion may allow you to obtain considerable insurance coverage from your own personal insurance policy.
Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile